The FCC’s new professed mantra is “competition competition competition.”
However, the FCC appears to be pursuing a de facto policy of decompetition rather than competition.
Decompetition is regulation that undermines competition in order to justify more regulation.
How could this perverse outcome happen?
It’s what one gets when one combines an obsolete communications law and regulators nostalgic for the regulatory power of a bygone era.
The FCC is increasingly acting like a 20th century...
There are two core reasons the FCC should not try to preempt State muni-broadband laws.
The Supreme Court has already indicated it would be unconstitutional.
It would be anti-competitive, the opposite of the FCC’s statutory purpose and legal mandate.
I. Why FCC Preemption of States Rights would be Unconstitutional
First, the Supreme Court already has decided this issue effectively in favor of state rights. InNixon v. Missouri Municipal League (2004) the Supreme Court...
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